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COURT  OF  ARBITRATION 


tfftnmkv  of  Wommette  of  ttoo  giMt  of  sjctti-foife. 


THE  ACT  OP  1875:  CHAP.  495. 


RELATING  TO  THE 


®0u*t  of  jMitKttttnu, 


BULES  AND  FORMS  OF  PROCEEDINGS. 


LREVISED.] 


Hon.    ENOCH    L.    FANCHER,    Aebitratoe, 

GEORGE  WILSON,  Arbitration  Clerk. 

SESSIONS  AT  THE  ROOMS  OF  THE  CHAMBER  OF  COMMERCE,  No.  63  WILLIAM  STREET. 


efo-Iirrk  t 


PRESS  OF  THE  CHAMBER  OP  COMMERCE. 

- 


1875. 


Schedule  of  Fees  to  be  paid  to  the  Clerk  of 
the  Court  of  Arbitration. 

For  every  case  to  be  tried  by  said  Court  of  Arbitration,  by 

each  party  thereto,  $20, §40  00 

For  the  construction  of  a  contract,  My  every  party  thereto, 

each, 10  00 

For  each/ackMpjvteilgment  of  any  instrument  other  than 

those  mentioned  below, 25 

■JFoi  each  acknowledgment  of  a  Charter-Party  or  Marine 

Protest, 1   00 

For  each  oath  or  affirmation  other  than  those  to  he  used  in 

causes  in  said  Court  of  Arbitration, 25 

For  orders  or  copies  thereof,  and  for  copies  of  minute-, 

records  or  other  writings,  for  each  one  hundred  words,  10 

For  filing  submission  or  requisition, 25 

Fees,  when  not  otherwise  specified,  are  to  be  paid  hy  the 
party  at  whose  instance  the  service  is  rendered. 


Note. — The  fees  charged  above  are  established  by  section  29  of 
the  Act  of  1875,  relating  to  the  Court  of  Arbitration,  and  are 
remitted  monthly  by  the  Clerk  to  the  State  Treasurer. 


COURT  OF  ARBITRATION 

OP  THE 

flttomrtKr  of  l&mmtttt  of  the  gMt  of  i«w-f  orts. 
THE  ACT  OP  1875 :  CHAP.  495, 

RELATING  TO  THE 

toft  <tf  ^titration, 

AND  THE  >'     '      -      , 

RULES  AND  FORMS  OF  PROCEEDINGS. 

[REVISED.] 


Hon.    ENOCH    L.    FANCHER,    Arbitrator. 

GEORGE  WILSON,  Arbitration  Clerk. 

SESSIONS  AT  THE  ROOMS  OF  THE  CHAMBER  OF  COMMERCE,  No.  63  WILLIAM  STREET. 


PRESS  OF  THE  CHAMBER  OP  COMMERCE. 

1875. 


JOHN     W  .     A  M  K  1 1  M  \  N  ,      riUNTKR, 
No.  47  Cod«r  StrMt,  N.  Y. 


COURT  OF  ARBITRATION. 

STATE   OF   NEW-YORK. 

LAWS  OF  1875:    CHAPTER  495. 

AN  ACT 

Relating  to  the  Court  of  Arbitration  of  the 
Chamber  of  Commerce  of  the  State  of  New-    ; 
yoek,   and  to  provide   for  the   expenses' 

THEREOF. 

Passed  June  5, 1875.    Three-fifths  being  present. 

The  people  of  the  Slate  of  New-  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows : 

Section  1.  Chapter  two  hundred  and  seventy- amJJJ*  act 
eight  of  the  laws  of  eighteen  hundred  and  seventy- 
four,  entitled  "An  Act  to  amend  Chapter  two  hun- 
dred and  fifty-one  of  the  laws  of  eighteen  hundred 
and  sixty-one,  and  to  provide  for  the  arbitration  of 
mercantile  disputes  in  the  Port  of  New-  York, ' '  passed 
April  twenty-nine,  eighteen  hundred  and  seventy- 
four,  is  hereby  amended  ;  and  such  amendments  are 
comprised  in  the  following  sections  of  this  act. 

Sec  2.  The  Arbitrator  of  the  Court  of  Arbitration  Arbitrator,  wa 
of  the  Chamber  of  Commerce  of  the  State  of  New.termofoffice- 
York  holds  office  during  good  behavior,  and  may  how  removed, 
be  removed  by  the  Governor,  if,  upon  due  notice,  and 
after  a  hearing,  he  is  found  guilty  by  the  Governor  of 
malfeasance,  misfeasance,  or  continued  nonfeasance 

679940 


official  Arw-in  office.     The  expression,    "official  Arbitrator/'   as 

trator 

used  in  this  act,  refers  to  the  officer  designated  in 

sncccs?or,  this  section.     In  case  of  the  resignation,  removal  or 

now  appointed.  ° 

death  of  such  official  Arbitrator,  his  successor  must 

be  nominated  and  appointed  by  the  Governor,  with 

the  advice  and  consent  of  the  Senate,  and  commis- 

oath  of  office,  sioned  by  the  Governor.    Every  such  official  Arbitra- 

how  filed.  .     .     -i  J 

tor  appointed  after  this  act  takes  effect,  must  file  with 
the  Secretary  of  State  the  constitutional  oatli  of 
wheniiicd.  office.  Unless  lie  files  his  oath  of  office  within  ten 
days  after  his  confirmation  by  the  Senate  he  is 
deemed  to  have  declined  the  office. 

official  Arbi-     sKc.  3.  The  official  Arbitrator  has  power  to  ad- 

trator  to  admin-  * 

ister  oaths  and  minister!  oaths  and  affirmations  to  be  used  before  any 

aftjiTvat  kins  ;  to\    ,   •  >,"    J 

ackndws»i"'-lll,l'r,,,nt'*:'°'i' ('m^'!'r :  to  take  the  proof  and  acknowledg- 
^i'h"'(;ji.';".v'".'-:.,t|-tn  (,'>'  /fcny  oharter-party,  marine  protest,  contract. 
i\\  :•':  !*".*'€fr other 'wriften  instrument,  and  to  require  any  wit- 
ness to  appear  and  testify  before  him,  or  the  said 
Court  of  Arbitration,  or  before  the  Board  of  A  rbitra- 
tors  hereinafter  provided  for,  in  matters  pending  in 
official  Arbi-said  court.     He  must  adopt  and  promulgate  short 
and  promulgate  and  simple  rules  to  be  observed  in  proceedings  taken 
tice.  as  prescribed  in  this  act ;  and  he  lias  power  to  do  and 

Power  to  car-        J-  * 

ry  ont  the  pro- order  whatever  may  be  necessary  to  carry  out  the 

visions  of  this  .... 

act.  provisions  of  this  act. 

Arbitration     Seo.  4.  The  Clerk  of  the  said  Court  of  Arbitration 

is  known  as  the  Arbitration  Clerk,  and  holds  office 

during  the  pleasure  of  said  Chamber.     In  case  of  his 

death,  resignation  or  removal,  the  said  Chamber  of 

How  appointed.  Commerce  must  elect  his  successor.     The  Governor 

must  appoint  and  commission  the  person  so  elected  : 

but  before  such  commission  can  be  issued,  the  person 

Must  me  oca- so  elected  must  file  in  the  office  of  the  Secretary  of 

State  an  official  oath,  to  the  same  effect  as  theconsti- 

wucn  filed.      tutioiial    oath   of   office.     Unless   lie    files  such  oath 

within   ten  days  after  his  election,    tie  IS  deemed  to 

cierk  to  ap-have  declined  the  office.     The  said  chamber  of  Com- 

Luis!     :i"'":  merce  may  authorize  the  Arbitration  clerk  to  appoint 


one  or  more  assistants,  and  provide  for  their  com- 
pensation. 

Sec.  5.  The  Arbitration  Clerk  must  safely  and  cor-      Arbitration 

^  Clerk,    his    du- 

rectly  keep  all  the  minutes,    documents,   records,  ties. 
books  and  other  papers  and  effects  of  the  official  Ar- 
bitrator, and  of  the  said  Court  of  Arbitration,  and 
relating  to  the  arbitration  for  which  this  act  provides. 
Any  person  who  steals,  mutilates  or  alters  any  book,    stealing,  mu- 

J    -tr  •>  '  tilatingor  alter- 

record  or  paper  filed  with  or  kept  by  the  Arbitration  ™fd*°°k|'  e™" 
Clerk,  is  guilty  of  the  same  offence,  and  is  punisha-h°w  punished. ' 
ble  therefor  in  the  same  manner  as  if  such  act  was 
committed  with  respect  to  a  record  kept,    as  pre- 
scribed by  law,   in  the  office  of  the  Clerk  of  the 
County  of  New- York. 

Sec.  6.  The  salary  of  the  official  Arbitrator  shall  tra0t£?ftBASi: 
be  at  the  rate  of  ten  thousand  dollars  per  annum, ary,howpaid* 
commencing  with  the  first  day  of  January,  eighteen 
hundred  and  seventy-five,  and  shall  be  raised  and 
paid  out  of  the  State  Treasury  on  the  warrant  of  the 
Comptroller,  in  the  same  manner  as  salaries  of  judges 
of  the  Supreme  Court.     The  salary  of  the  Arbitration      Arbitration 
Clerk  shall  be  three  thousand  dollars  per  annum,  aixhowpaid?" 
commencing  at  the  same  period,  and  shall  be  raised 
and  paid  in  the  same  manner. 

Sec.  7.  Said  Chamber  of  Commerce  shall  provide   chamber    of 

.  Commerce      to 

proper  and  convenient  rooms  and  furniture,  together  provide  rooms, 

r       r  ,  &c.,  for   trans- 

with  attendants,  fuel,  lights  and  stationery,  suitable  action  of  busi- 

70  J  1  ness  of  court. 

and  sufficient  for  the  transaction  of  the  business  of 
said  Court ;  and  such  expenses  shall  be  borne  by 
said  Chamber  at  its  own  proper  costs  and  charges. 

Sec  8.  The  seal  now  in  use  by  the  official  Arbi-      seal, 
trator  shall  continue  to  be  the  seal  of  his  office  and  of 
said  Court.     Any  award  or  order  made  pursuant  to  when  used, 
this  act,  or  any  certified  copy  thereof,   must  be  au- 
thenticated by  such  seal.     If  the  seal  now  in  use  is  trftmoprov'ide 
lost,  injured  or  destroyed,  the  official  Arbitrator  must  of7oss8e.alincase 


6 

cause  a  new  seal  to  be  made,  which  shall  thereupon 
become  such  official  seal. 

official  Ariii      Sec.  9.  Upon  the  application  of  the  parties  inter- 

trator  to  inter-  *  ,     i-  n  a±    •    i      .     ^  •* 

pret  and  con- ested,  or  their  representatives,  the  official  Arbitrator 

Btrue  contracts.  .  -1  . 

musl  interpret  or  construe  any  oral  or  written  con- 
tract, pertaining  to  any  matter,  which  might  be  the 
subject  of  arbitration  under  the  provisions  of  this 
Make  written  act ;  and  he  must,  if  required  by  either  party,  make 

award,  when  re-  A 

(oi»4  a  written  award  thereupon. 

jurisdiction     Skc.  10.  The  parties  to  any  controversy,  dispute  or 

mites' "win 'hi  matter  of  difference,  arising  or  being  within  the  Port 

York.  of  New- York,  or  relating  to  a  subject  matter  situate 

or  coming  within  that  port,  as  the  collection  district 

of  that  port  is  established  and  limited  by  the  act  of 

Congress  of  the  United  States  of  America,  approved 

March  second,  seventeen  hundred  and  ninety-nine, 

parties    ma>  may  voluntarily  submit  the  same  to  the  said  Court  of 

voluntarily    an-  J  "  ... 

pear  and  sub- Arbitration  of  the  Chamber  of  Commerce,  by  written 
siii 'mission,  or  by  personal  appearance  in  said  Court 
and  an  oral  submission,  as  hereinafter  mentioned. 

Appiicationto     Seo.  11.  An  appl mat ion  to  interpret  and  construe 

tnutfud  voT-a  contract,  as  prescribed  in  the  last  section  but  one, 

riwa.'Xowmade! and  a  voluntary  submission  as  prescribed  in  the  last 

section,    may   be   made   in   either   of  the   following 

methods  : 

'  (i.)  By  flUng     l,  By  filing  with  the  Arbitration  Clerk  a  written 

written  appllca-.  '  .    .    .  ,  ■>■  ,       •      ■ 

tton  01  Bubrnta- instrument  containing  such  application  or  submission. 

Blon,    duly    ao-  -iii  •  -ii  -1-1  -1 

knowledge*     executed  by  the  parties,  :iud  acknovs  ledged  or  proved 

before  the  Clerk  of  said  Court,  or  before  any  other 
officer  authorized  to  take  acknowledgment  of  a  deed 

to  be  recorded  in  the  County  of  New- York. 

u?']  BV"^lv-    2-  By  the  volnntary  appearance  of  the  parties  be* 

»ncc-  fore  the  official  Arbitrator,  which,  together  with  the 

substance  of  any  oral  submission  made  by  them, 

musi  be  entered  in  the  minutes.     Upon  making  such 

an  application  or  submission,  If  both  parties  request 


an  immediate  hearing,   the  official  Arbitrator  must    omci.ii  Arw- 

.  -i .     i      i  •  t  •        i  t       trator,  when  to 

grant  an  immediate  hearing  accordingly,  or  a  speedy  grant   imnwi- 

hearing,  where  the  state  of  the  business  before  him 

will  allow  him  to  do  so.     In  either  ease,  one  member      one  partner 

.  may  make  exe- 

of  a  firm  or  partnership,  or  their  attorney  m  act.  cudon,acknow- 

1  J  lodgment,     ap- 

mav  make  such  execution,  acknowledgment,  appear-  p**™?"    and 

J  °  *r  submission   tor 

once  or  submission  for  and  on  behalf  of  all  the  mem-  o»eiiim. 
bers  of  such  firm  or  partnership. 

Sec.  12.  The  said  Court  of  Arbitration,  in  addition     .  Additional 
to  the  jurisdiction  above  conferred,  has  power  to  de-  cases  "between 

, ,  . ,      t    .        . ,  .  ,  members  of  the 

(ermine,  in  the  manner  prescribed  m  this  act,  any  chamber, 
controversy,    dispute   or  matter  of  difference  upon 
any  mercantile  or  commercial  subject,  where  all  the 
parties  thereto  are  regularly  elected  members  of  the 
said  Chamber. 
For  the  purposes  of  this  section,  it  shall  be  suffl-    one  partner 

,  may     act      for 

cient,    where   nruis  or  partnerships  are   concerned,  firm- 
that  one  copartner  therein  is  such  member  of  said 
Chamber. 

Sec.  13.  In  a  case  specified  in  the  last  section, .  Requisition. 
either  party  may  serve  personally  upon  the  adverse 
party  or  one  of  two  or  more  adverse  parties 
jointly  interested  in  the  subject  matter  of  dif- 
ference, a  written  requisition,  directed  to  the  adverse 
party  or  parties,  requiring  him  or  them  to  appear 
before  the  Court  of  Arbitration  of  the  Chamber  of 
Commerce  of  the  State  of  New- York,  for  the  settle- 
ment  of  such  controversy,  dispute  or  matter  of  dif-  the?eeofUrn  day 
ference,  at  a  place,  and  on  a  da}',  and  at  an  hour, 
named  in  the  requisition,  not  less  than  two,  or  more 
than  five  days  after  the  personal  service  of  the  same. 

Sec.  14.  A  requisition  maybe  served,  and  proof  How  served, 
of  the  service  thereof  may  be  made  in  like  manner, 
as  where  a  summons  issued  out  of  the  Supreme 
Court  in  a  civil  action  is  personally  served,  and  proof 
of  said  service  is  made.  The  requisition  shall  be 
filed  with  the  Arbitration  Clerk  any  time  before  the 
expiration  of  one  hour  after  the  same  is  returnable. 


Proceeding  on     Sec.  15.  Either  party  to  the  controversy,  dispute 

return  of  requi-  p     t re  ±-  i      •  ,, 

sition.  or  matter  ot  difference,  may  at  any  time  before  the 

expiration  of  one  hour  after  the  requisition  is  return- 
able, or  within  such  further  time  as  may  be  allowed 
by  the  official  Arbitrator,  or  prescribed  in  the  rules 
established  by  him,  appoint  in  writing  one  person  to 
sit  with  the  official  Arbitrator  to  hear  and  determine 
Additional  Ar- the  matter.     If  neither  party  appoints  an  additional 

bitrators.     how  x  J        l  ' 

appointed.  Arbitrator  as  aforesaid,  all  the  parties  are  deemed  to 
have  waived  their  right  to  do  so;  and  the  matter 
must  be  determined  by  the  official  Arbitrator.  If 
there  are  two  or  more  parties  on  the  Bame  Bide,  and 
they  appoint  different  persons  as  Arbitrators,  or  do 
not  agree  on  one  person,  they  are  regarded  as  having 
failed  to  make  any  appointment.  Upon  a  failure  of 
a  party  to  appoint  an  additional  Arbitrator,  where 
the  adverse  party  has  appointed  one,  the  official  Ar- 
bitrator must  appoint  a  disinterested  person,  not  of 
kin  to  either  part}r,  to  sit  as  a  member  of  the  Board 
of  Arbitration;  and  the  matter  must  proceed  as  if 
the  party  in  default  had  appointed  such  person  as 
Appointment  additional  Arbitrator.     An  appointment  of  an  addi- 

to  be  filed  with  J .  ■,,,.,  .  .  f  ,  .      .       „,     , 

the  cierk.        tional  Arbitrator  is  not  complete,   unless  it  is  hied 
with  the  Arbitration  Clerk. 

on  pubmis-     Seo.  16.  Where  the  parties  to  a  controversy,  dis- 
p.ites.  addition-  pute,  or  matter  of  difference,  voluntarily  submit  the 
Say beaSffi same  to  the  arbitration  of  the  said  Court  of  Arbitra- 
tion,  either  of  them  may,  at  the  time  of  tiling  the 
written  submission,  or  voluntarily  appearing  to  sub- 
mit the  same,  or  within  such  time  as  may  be  allowed 
by  the  official  Arbitrator,  or  prescribed  by  the  rules 
established  by  him,  appoint  a  person  to  sit  with  the 
official  Arbitrator,  to  hear  and  determine  the  matter. 
The  mode  of  so  doing,  the  proceedings  to  be  taken 
in  behalf  of  the  other  party,  and  the  consequence  of 
a  failure  of  either  or  both  of  them  to  make  such  ap- 
pointment,  or  of  an  appointment  of  different  per- 
sons by  two  or  more  parties  on  the  same  side,  are 


9 

the  same  as  prescribed  in  the  last  section,  in  a  case 
where  a  requisition  has  been  issued. 

Sec.  17.  If  the  additional  Arbitrator  appointed  by   Failure  of  ad- 
either  party  fails  to  appear  at  the  time  set  for  the  tratora  to  aP- 
hearing,  without  proof  of  the  existence  of  a  goodpea 
reason  for  such  failure,  and  that  it  is  of  a  temporary 
nature,  made  by  the  party  appointing  him,   to  the 
satisfaction  of  the  official  Arbitrator,  his  appointment 
must  thereupon  be  declared  to  be  vacated,  and  the 
same  party  must  forthwith  appoint  another  person 
to  act  in  his  place.     Upon  failure  to  do  so,  or  failure 
of  the  person  so  appointed  to  appear  then,  or  at  the 
time,  if  any,  to  which  the  official  Arbitrator  adjourns 
the  hearing,  the  official  Arbitrator  must  appoint  a 
disinterested  person,  not  of  kin  to  either  party,  to 
act  in  his  place. 

Sec.  18.  Each  of  the  persons  appointed  as  addi-    oath  of  ad- 
tional  Arbitrators,  by  or  for  the  respective  parties,  trVto°a  to  rbe 
must  subscribe  and  take  before  the  official  Arbitrator, 
an    oath,    honestly,    truly  and  fairly  to   hear    and 
determine  the  matters  thus  submitted  to   the  Arbi- 
trators.    The  oaths  so  taken  must  be  filed  with  the    official  atu- 
award.     The  official  Arbitrator  need  not  be  sworn  in  be  sworn  in  se p- 

.-,  ,  •       i  arate  cases. 

the  particular  case. 

Sec.  19.  Where  additional  Arbitrators  are  ap-  BoardofArw- 
pointed  and  sworn,  as  prescribed  in  the  last  fourtratlon' 
sections,  they  and  the  official  Arbitrator  constitute 
the  Board  of  Arbitration  to  determine  the  contro- 
versy, dispute  or  other  matter  of  difference,  and  they 
must  all  sit  in  the  matter  ;  and  the  order,  award  and 
decision  of  any  two  of  them  shall  be  the  judgment 
of  the  said  Court  of  Arbitration. 

Sec.  20.  The  official  Arbitrator,  or  where  the  hear- 
ing is  before  a  Board  of  Arbitration,  the  majority  of 
the  Board  may,  after  hearing  the  allegations  and 
testimony  of  the  respective  parties,  or  of  those  par- 


10 

Further  en- ties  who  desire  to  testify,  and  upon  notice  to  both 
called  f™  by  the  jiarties,  direct  that  further  evidence  be  taken,  if  he  or 
they  deem  further  evidence  necessary  to  enable  jus- 
tice to  be  done  between  the  parties. 
FeeB  of  wit-     A  witness  is  entitled  to  the  same  fees  as  in  an  ac- 

tion  in  a  court  of  record. 
commissions  A  commission  to  take  testimony  without  the  State 
mony.  e  'may  be  allowed  by  the  official  Arbitrator,  and  issued 
in  the  same  manner,  and  with  the  same  effect,  as  in 
an  action  brought  in  a  court  of  record.  The  hearing 
may  be  from  time  to  time  adjourned,  upon  the  appli- 
cation of  either  party,  and  reasonable  cause  shown 
to  the  satisfaction  of  the  official  Arbitrator,  or  where 
the  hearing  is  before  a  Board  of  Arbitration,  to  the 
satisfaction  of  a  majority  thereof. 

Decisions  to  Sec.  21.  Within  ten  days  after  the  final  hearing, 
day7adftrrn!hcthe  official  Arbitrator,  or  the  Board  of  Arbitration, 
flnai  hearing.    or  a  major^y  thereof,   as  the  case  requires,   must 

make  and  file  with  the  Arbitration  Clerk  a  written 
award,  under  his  or  their  hands,  stating  his  or  their 
decision  for  the  settlement  of  the  controversy,  dis- 
pute or  matter  of  difference  heard  and  determined  by 
him  or  them. 

Hehearinjr,     Sec.  22.  Instead  of  making  an  order  to  fulfil  the 
how  granted.    awarci?  the  official  Arbitrator  may,  for  good  cause 
shown,  upon  notice  to  and  after  hearing  the  parties, 
make  an  order  directing  that  the  controversy,  dispute 
or  other  matter  of  difference  be  heard  again,  either 
before  the  same  court,  or  before  another  Board  of 
Arbitration  appointed  as  prescribed  in  tlii^  act,  upon 
security    cm th e  first  hearing.     But  the  party  applying  for  such 
rehearing.        rehearing  must  give  security  in   such  amount  and 
form  as  shall  be  approved  by  the  official  .Arbitrator, 
for  the  payment  of  all  the  costs  and  expenses  of  the 
other  party  or  parties  incident    to  such  rehearing, 
and  for  the  payment  or  performance  o\'  any  award 
which  may  be  rendered  against  any  party  so  apply- 
ing, and  of  any  judgment  which  may  h<-  entered 


11 

thereon.  Upon  the  rehearing,  the  proceedings  must 
be  the  same  as  upon  the  first  hearing,  and  the  pro- 
visions of  this  act  relating  to  the  first  hearing,  the 
award,  the  order,  and  the  subsequent  proceedings 
thereon,  apply  similarly  to  the  rehearing. 

Sec.  23.  The  final  award,  the  order  to  enforce  the  Award  may  be 

vacated         for 

same,  and  the  judgment  to  be  entered  thereupon, fraud- 
may  be  vacated  for  fraud,  collusion  or  corruption, 
but  not  for  any  other  cause.  Unless  it  is  so  vacated, 
the  award  is  binding  and  conclusive  upon  all  parties 
thereto,  and  effects  a  final  settlement  of  the  contro- 
versy, dispute  or  matter  of  difference,  submitted  or 
tried  as  prescribed  in  this  act.  It  must  be  upheld 
and  sustained  accordingly,  in  all  the  courts  of  the 
State. 

Sec.  24.  If  the  award  construes  any  contract,  or  order  to  fumi 
requires  either  party,  or  both  parties,  to  do  or  forbear  madeWar 
doing  a  particular  act  or  acts,  or  to  pay  a  sum  of 
money,  the  official  Arbitrator  must,  at  the  request  of 
either  party,  make  an  order  reciting  the  provisions  of 
the  award,  and  directing  the  fulfilment  thereof  by  the 
party  or  parties  required  to  fulfil  the  same. 

The  order  must,  at  the  instance  of  either  party,  be   order  may  be 

'  r         *'  filed    with    the 

filed  in  the  office  of  the  Clerk  of  the  County  of  New-  county  cierk. 
York,  who  must  enter  the  same,  upon  being  paid  his 
fees  therefor.     If  the  order  requires  the  payment  of 
a  sum  of  money,  or  the  delivery  of  any  property, 
either  party  may,  upon  filing  the  same,  require  the 
Clerk  of  said  County  to  enter  thereupon  a  judgment  Jndgmentmaj 
of  the  said  Arbitration  Court  against  the  party  or^reon^   and 
parties  required  to  pay  such  sum  of  money,  or  de- 
liver any  property,  and  in  favor  of  the  party  or  par- 
ties to  whom  it  should  be  paid  or  delivered.     The 
judgment  must  be  entered  and  docketed  accordingly, 
in  the  manner  prescribed  by  law  for  entering  and   Transcripts, 
docketing  a  judgment  of  the  Supreme  Court  in  a 
civil  action,  and  transcripts  may  be  filed  with  other 
clerks  in  like  manner  as  if  a  judgment  in  a  civil  ac- 


12      . 

Effect  of  suchtion.  Such  judgment  has  the  same  force  and  effect 
as  a  judgment  of  the  Supreme  Court  of  similar  pur- 
port in  a  civil  action,  and  it  must  be  enforced  in  the 
same  maimer,  and  by  the  same  process  and  officers  ; 
and  it  1 1  ii  y  be  satisfied  of  record  and  discharged  in 
like  manner  as  a  judgment  of  the  Supreme  Court  in 
a  civil  action. 

costs.  Sec.  26.  No  costs,  except  as  hereinafter  specified, 

shall  be  allowed  to  either  party  in  any  proceedings 
#  taken  as  prescribed  in  this  act,  and  excepl  where  a 

rehearing  is  granted,  in  which  case  the  official  Arbi- 
trator may,  or  if  the  rehearing  is  before  a  Board  of 
Arbitration,  the  Board,  or  a  majority  thereof,  may, 
in  the  award,  require  either  party  to  pay  the  other  a 
tixed  sum  for  his  costs  and  expenses. 

False swcariDg.  Sec.  26.  False  swearing  upon  the  hearing  before 
the  Arbitrator,  said  Court  of  Arbitration  or  Board  of 
Arbitration,  or  in  the  course  of  any  proceedings 
taken  as  prescribed  in  this  act,  is  wilful  perjury,  in  a 
case  where  such  false  swearing  would  be  wilful  per- 
jury upon  the  trial  of  a  civil  action  brought  in  the 
Supreme  Court,  or  in  the  course  of  any  proceeding 
taken  in  such  action  ;  and  the  person  guilty  thereof 
may  be  indicted  and  punished  accordingly. 

Noothcrpm-     Sec.  27.  Where  any  controversy,  dispute  or  mat- 
uod  a  other  ter  of  difference,  or  the  interpretation  or  construction 

as  to  the  same  of  any  contract   has  been  submitted  to  or  brought 

dispute. 

within  the  jurisdiction  of  the  said  Court  o|  Arbitra- 
tion, as  prescribed  in  this  act,  no  action  or  special 
proceeding  relating  to  the  same  matter  shall  be 
brought  in  any  other  court  of  the  State,  between  the 
same  parties,  or  their  representatives  or  assigns,  until 
after  the  final  award  thereupon  ;  and  if  any  such  ac- 
tion or  special  proceeding  is  pending  at  the  time  of 
the  submission,  the  same  must  be  dismissed  or  dis- 
continued, or  the  proceedings  therein  nin-t  be  stayed, 
as  the  case  requires.    The  official  Arbitrator  or  the 


13 

Board  of  Arbitration,  as  the  case  may  be,  constitute 
the  said  Court  of  Arbitration. 

Sec.  28.  Nothing  contained  in  this  act  is  to  be  so  .  No  jurisdic- 
construed  as  to  give  any  jurisdiction  to  the  said  Court  cases, 
of  Arbitration  of  the  Chamber  of  Commerce  of  the 
State  of  New- York,  or  to  the  official  Arbitrator,  or 
Board  of  Arbitration,  except  upon  the  voluntary 
submission,  waiver  or  election  of  the  parties  or  non- 
attendance,  pursuant  to  a  requisition  as  prescribed  in 
this  act ;  or  to  permit  any  infant,  married  woman  or 
person  incapable  of  managing  his  affairs  by  reason 
of  lunacy,  idiocy,  unsoundness  of  mind  or  habitual 
drunkenness,  to  be  brought  before  the  official  Arbi- 
trator or  the  Board  of  Arbitration  as  a  party,  or  to 
apply  to  any  matter  pertaining  to  a  fee  or  life  tenancy 
in  real  property. 

Sec.  29.  Fees  are  to  be  paid  to  the  Arbitration     Fees  to  be 
Clerk  as  follows  :  In  every  case  to  be  tried  by  said paid  t0 
Court  of  Arbitration,  the  sum  of  twenty  dollars  by 
each  of  the  respective  parties  thereto  ;  for  the  con- 
struction of  a  contract,  the  sum  of  ten  dollars  each 
by  every  party  thereto  ;   for  each  acknowledgment 
of  any  instrument  other  than  those  mentioned  below, 
the  sum  of  twenty-five  cents  ;  for  each  acknowledg- 
ment of  a  charter-party  or  marine  protest,  the  sum  of 
one  dollar  ;  for  each  oath  or  affirmation  other  than 
those  to  be  used  in  causes  in  said  Court  of  Arbitra- 
tion, the   sum   of  twenty-five  cents ;  for  orders  or 
copies  thereof,  and  for  copies  of  minutes,  records  or 
other  writings,  at  the  rate  of  ten  cents  for  each  one 
hundred  words  ;  for  filing  each   submission  or  re- 
quisition, the  sum  of  twenty- five  cents.     The  fees, 
when  not  otherwise  specified,  are  to  be  paid  by  the 
party  at  whose  instance  the  service  is    rendered. 
The  Arbitration  Clerk  shall  make  a  sworn  return  on   Keturnoffees 
the  first  day  of  each  month  of  all  the  fees  received  by 
him  pursuant  to  this  section,   during  the  preceding 
month,  and  file  the  same  with  the  Treasurer  of  the 


14 

State  of  New- York,  and  at  the  same  time  he  shall 
pay  over  all  moneys  received  by  him  for  snch  fees 
during  such  month  to  the  said  Treasurer,  to  be  applied 
towards  paying  the  salary  of  said  Arbitrator  and  the 
Bond  of  cicrk.  Arbitration  Clerk.  The  Arbitration  Clerk  shall 
make  and  file  with  the  Comptroller  of  the  State  a 
good  and  sufficient  bond  to  the  people  of  the  State 
of  New- York,  with  sureties,  and  in  a  form  to  be  ap- 
proved by  said  Comptroller,  in  the  sum  of  ten 
thousand  dollars,  conditioned  for  the  faithful  per- 
formance of  his  duties  under  this  section. 


other  acts     Sec.  30.  All  acts  and  parts  of    acts  inconsistent 

modified  to  con-      .,,     ,-,  .  -,.,.     -,  »  ,,  . 

form  to  this  act.  with  this  act  are  modified  so  as  to  conform  to  this 
act. 

immedia8teifcct     ^E0,  31,  T^is  act  ^^  ^e  en*ect  immediately. 


COURT   OF   ARBITRATION 

OF  THE 

Ctafar  0f  €mmtm  at  t\t  State  fff  glM-gurt 


RULES  AND  FORMS   OF  PROCEDURE. 


RULE  I. 

SUBMISSION   OF  CONTROVERSY. 

The  parties  to  any  controversy,  dispute  or  matter  of  dif- 
ference, arising  or  being  within  the  Collection  District  of 
the  Port  of  New- York,  may  voluntarily  submit  the  same  to 
the  said  Court  of  Arbitration  : 

1.  By  subscribing  a  written  submission,  acknowledging 
the  same  before  the  Clerk,  or  an  officer  authorized  to  take 
the  acknowledgment  of  a  deed,  and  filing  the  same  with  the 
Clerk  of  the  Court. 

The  submission  may  be  in  the  form  suggested  in  the 
Appendix,  or  in  any  similar  form,  stating  the  substance  of 
the  dispute. 

2.  Or  the  parties  may  appear,  in  open  Court,  and  orally 
submit  the  controversy  between  them  ;  when  the  substance 
of  the  submission  will  be  entered  in  the  minutes. 

RULE  II. 

PROCEEDINGS   BETWEEN   MEMBERS   OF   THE   CHAMBER. 

Any  member  of  the  Chamber  of  Commerce,  having  a  dis- 
pute, controversy  or  matter  of  difference  with  any  other 


16 

member  or  members,  upon  any  mercantile  or  commercial 
subject,  may  summon  such  opposite  party  or  parties  to 
appear  before  the  Chamber,  for  the  settlement  of  such  con- 
troversy, dispute  or  matter  of  difference,  by  a  written 
requisition  directed  to  the  adverse  party  or  parties,  requiring 
him  or  them  to  appear  before  the  Court  of  Arbitration  of 
the  Chamber  of  Commerce  of  the  State  of  New- York,  for 
the  settlement  of  such  controversy,  dispute  or  matter  of 
difference,  at  a  place,  day  and  hour,  named  in  the  requisi- 
tion, not  less  than  two  or  more  than  live  days  after  the 
personal  service  of  the  same. 

RULE  III. 

REQUISITION   AND   SERVICE. 

The  requisition  must  be  subscribed  by  the  party  or  his 
attorney,  and  may  be  in  t  he  form  suggested  in  the  Appendix, 
or  any  similar  form.  It  must  be  served  personally  ;  re- 
turned to  the  Clerk,  with  proof  of  service,  and  filed  with 
him,  by  the  expiration  of  one  hour  from  the  time  of  re- 
turn. 

RULE  IV. 

ADDITIONAL    ARBITRATORS. 

If  either  party  desire  that  the  case  be  heard  by  a  Board 
of  Arbitrators,  instead  of  being  heard  by  the  official 
Arbitrator  alone,  sneli  party  may  appoint  an  additional 
Arbitrator,  and  the  adverse  party  shall  also  appoint  an  ad- 
ditional Arbitrator,  pursuant  to  the  aforesaid  Act. 

Such  appointment  must  be  made  before  the  hearing  of  the 
case  is  commenced. 

RULE  V. 

PLEA  I 'INl-. 

The  only  pleadings  required  are  the  statement  of  the  con- 
troversy in  the  ''Submission,"  or  in  the  "Requisition." 
But  either  party  may  make  any  allegations  in  the  nature  of 
a  pleading,  not  inconsistent  with  the  submission  or  requi- 


17 

sition,  at  any  time  before  the  hearing  is  begun  ;  and  the 
Court  has  power  to  amend  the  pleadings  on  proper  appli- 
cation. 

RULE    VI. 

WHEN   VERIFICATION   OR   REPLY   NECESSARY. 

When  the  pleading  is  in  writing,  it  may  or  may  not  be 
verified.  If  verified,  the  answer  or  reply  to  the  same  shall 
be  verified.  A  reply  to  an  answer  shall  be  necessary  only 
when  a  counter-claim  is  asserted. 

RULE  VII. 

PROOFS. 

All  the  evidence  required  by  either  party  shall  be  taken, 
but  immaterial  or  irrelevant  evidence  will  not  be  considered 
in  making  the  decision  and  award. 

A  stenographer  may  take  proofs,  when  assented  to  by  the 
parties. 

RULE  VIII. 

CALENDAR   AND   DOCKET   OF   CAUSES. 

The  Clerk  will  make,  from  time  to  time,  as  may  be  ne- 
cessary, a  calendar  from  the  docket  of  causes,  and  cases 
entered  thereon  shall,  so  far  as  practicable,  be  heard  in 
their  order. 

The  Clerk  will  keep  a  book,  in  which  he  shall  enter  and 
index  the  titles  of  all  causes,  and  under  such  title  a  brief 
minute  shall  be  made,  by  the  Clerk,  of  all  proceedings  in 
the  cause,  including  any  orders,  award  or  judgment  therein. 

RULE  IX. 

REHEARING. 

Any  party  desiring  a  rehearing,  shall  notify,  in  writing, 
the  opposite  party  and  the  Clerk  ;  and  at  the  same  time 
shall  give  the  security  as  required  by  Section  22  of  said  act. 
A  motion  for  rehearing  may  then  be  made  on  two  days' 
notice  to  all  parties  concerned,  and  a  rehearing  granted  if 
good  cause  be  shown  therefor- 


18 
RULE    X. 

JUDGMENT  RECORDS 

When  an  award  is  filed  with  the  Arbitration  Clerk,  any 
party  desiring  it  may  prepare  an  order  similar  in  form  to 
t liit t  -  __■  sted  in  the  Appendix,  for  the  purpose  of  filing 
with  the  County  Clerk  :  on  which  a  judgment  may  be 
entered  and  be  enforced,  as  authorized  by  said  art.  Such 
order  or  judgment  must  be  Bealed  with  1 1 1 « *  Beat  of  the  Arbi- 
trator, and  duly  signed,  before  it  is  filed  with  the  County 
Clerk. 

RULE   XI. 

K.\i:«  GTIOH  -. 

Writs  of  execution  t<>  enforce  any  sin-h  judgment  should 
be  similar  in  form  to  thi  d  by  the  Supreme  Court; 

must  con  form  t<>  the  judgment^  and  be  issued  by  the  pai 
or  their  attorneys. 

RULE    XII. 

MOTIONS    AND   ORDERS. 

Motions  may  be  made  at  any  tim-  the  Arbitrator 

of  the  Chamber,  on  two  .lays"  notice  to  the  opposite  party. 
Orders  to  show  cause  will  not  be  granted,  except  in  cases  of 
necessity. 

The  papers  on  which  any  order  i-  made,  Bhould  be  filed 
with  the  Arbitration  Clerk,  accompanied  with  the  order. 
Such  orders  ■  required  to  be  filed  with  the  County 
Clerk,  are  t"  bo  authenticated  by  the  signature  and  official 
seal  of  the  Arbitrator,  and  filed  with  the  Clerk  of  the 
County  of  New- York,  as  provided  by  Section  34  of  said  act. 

RULE   XIII. 

ffSTBUCTION    or   COM  I  RA<   IS. 

Any  parties  interested,  or  their  representatives,  may  pre- 
sent to  the  Arbitrator,  for  interpretation  and  construction, 
any  parol  or  written  contract   pertaining  to  any   in;. 


19 

which  might  be  the  subject  of  arbitration  under  the  pro- 
visions of  the  act  aforesaid. 

A  copy  of  the  contract,  if  written,  or  a  memorandum  of 
its  terms,  if  oral,  shall  be  tiled  with  the  Arbitration  Clerk, 
together  with  the  decision  thereon,  which  shall  be  au- 
thenticated by  the  signature  and  seal  of  the  Arbitrator. 

RULE  XIV. 

SUBPOXNAS   AND   COMMISSIONS. 

Subpoenas  may  be  issued  and  served  for  witnesses  to 
appear  and  testify  in  similar  form  and  with  like  effect  as 
in  other  courts.  Commissions  to  take  testimony  may  be 
applied  for  on  two  days'  notice,  and  will  be  issued  in  the 
same  form  and  with  like  effect  as  in  courts  of  record. 

RULE  XV. 

GENERAL  RULES  OF  PRACTICE. 

The  Arbitrator  has  power  to  do  and  order  whatever  may 
be  necessary  to  carry  out  the  provisions  of  the  act. 

General  rules  of  practice  will  be  so  administered  as  to 
give  just  and  full  opportunity  to  all  parties  to  make  their 
allegations  and  produce  their  proofs. 

RULE   XVI. 

CASES   IN    WHICH   THERE    IS   NO   JURISDICTION. 

1.  When  a  requisition  issues,  the  dispute  must  relate  to 
a  mercantile  or  commercial  subject,  and  must  be  between 
members  of  the  Chamber  ;  otherwise  there  is  no  jurisdiction. 

2.  When  a  controversy  is  submitted,  whether  between 
members  of  the  Chamber  or  not,  it  must  have  arisen  within 
the  Collection  District  of  the  Port  of  New- York,  or  be 
within  said  District. 


20 

3.  No  minor,  married  woman  or  person  of  unsound  mind 
can  be  brought  before  the  Court  of  Arbitration. 

4.  No  matter  pertaining  to  a  fee  or  life  tenancy  in  real 
estate  can  be  the  subject  of  jurisdiction. 


APPENDIX. 


[Form  No.  1.] 

COURT  OF  ARBITRATION 

OF  THE 

CHAMBER  OF  COMMERCE  OF  THE  STATE  OF  NEW-YORK. 


Member  of  the  Chamber  of  Com- 
merce of  the  State  of  New- York, 


,  Requisition, 
against 


Member  of  said  Chamber. 


To 

You  are  hereby  required,  pursuant  to  Chap.  495  of  the 
Laws  of  New- York  of  1875,  to  appear  before  the  Court  of 
Arbitration  of  the  Chamber  of  Commerce  aforesaid,  at  its 
Court  Rooms,  No.  63  William  Street,  in  the  City  of  New- 
York,  on  the  day  of  187  ,  at 
o'clock,  P.  M.,  to  submit  all  matters  of  difference 
between  the  parties  above  named  touching  a  certain 

and  to  stand  to,  abide  and  perform  the  award  in  that  behalf 
to  be  made  by  the  Arbitrator  or  Board,  and  to  any  order 
or  judgment  of  the  said  Court  of  Arbitration,  pursuant  to 
said  Act. 

Dated  New-York,  187 

Yours,  &c, 


22 
[Form  \o.  2] 

COURT  OF   AEBITRATION 

OF   THE 

CHAMBER  OF  COMMERCE  OF  THE  STATE  OF  NEW-YORK. 


aga  last  )  Subm  Ission. 


A  controversy,  dispute  or  matter  of  difference  between 
the  undersigned,  Laving  arisen  within  the  Port  of  New- 
York,  and  relating  to  a  subject  matter  situate  or  coming 
within  that  port,  the  nature  of  which,  briefly  stated,  is  as 
follows  : 

We  do  hereby  voluntarily  submit  the  same,  and  all  mat- 
ters concerning  the  same,  to  the  said  Court  of  Arbitration 
of  the  Chamber  of  Commerce  of  the  State  of  New-York,  for 
hcaiing  and  decision,  pursuant  to  the  provisions  of  Chap. 
495,  Laws  of  1875. 

A  nd  we  agree  to  stand  to,  abide  and  perform  the  decision, 
award,  order,  orders  and  judgment  that  may  therein  and 
I  hereupon  be  made  under,  pursuant  to,  and  by  virtue  of. 
said  act. 

Dated  New- York,  187 

( '/'///  and  ( (ounty  of  Ni  w-  Fork,  ss.  : 

On  this  day  of  187      ,  the  within 

named 

known  to  me  to  be  the  same  persons  described  in  and  who 
executed  the  within  submission,  personally  appeared  before 


23 

me,  and  severally  acknowledged  that  they  had  executed  the 
same. 

Cleric  of  the  Court  of  Arbitration  of  the 
Chamber  of  Commerce  of  the  State  of  New-  York. 

Additional  arbitrators  to  sit  with  the  oflicial  Arbitrator, 
to  hear  and  determine  the  matter  within  submitted,  are 
hereby  appointed  by  the  respective  parties,  as  follows  : 

on  the  part  of  the  plaintiffs, 

on  the  part  of  the  defendants. 


Dated  New- York,  187 


[Form  No.  3.] 

COURT  OF  ARBITRATION 

OF  THE 

CHAMBER  OF  COMMERCE  OF  THE  STATE  OF  NEW-YORK. 


against  \.  ™£<L  Ad(Utional 


Arbitrator 


City  and  County  of  New-  York,  ss. : 

chosen  to  sit  with  the  Arbitrator  by 

in  this  matter,  being  duly  sworn,  says,  that  he  will  hon- 
estly, truly  and  fairly  hear  and  determine  the  matters  sub- 
mitted herein  by  the  above  named  parties. 

Subscribed  and  sworn  to,  this  \ 

day  of  187    ,  before  me,  J 

Official  Arbitrator  of  the  Court  of  Arbitration 
of  lite  Chamber  of  Commerce  of  the 
State  of  New-  York. 


24 


[Form  No.  4.] 

COURT  OF  ARBITRATION 

OF  THE 

CHAMBER  OF  COMMERCE  OF  THE  STATE  OF  NEW-YORK. 


against  }  Award. 


The  above  named  parties  having,  on  the  day 

of  1^7      ,  pursuant  to  Chap.  495  of  the  Laws 

of  New- York  of  1875,  submitted  to  the  said  Court  of  Arbi- 
tration the  matters  in  controversy  between  them,  touching 

as  by  their  submission 
and  the  papers  in  this  matter  more  fully  appears  : 

Now.  tin'  nndersigned,  Arbitrator  of  the  said  Court  of 
Arbitration  of  the  Chamber  of  Commerce,  and  the  persons 
appointed  by  the  parties  as  additional  Arbitrators  to  sit 
with  him,  (they  having  been  first  duly  sworn  according  to 
law.  i  having  heard  the  allegations  and  proofs  of  the  respec- 
tive parties,  and  decided  the  matters  in  controversy  between 
the  parties  so  submitted,  do  state  the  settlement  thereof. 
and  make  this  award  in  writing,  and  decide,  determine  and 
award,  that 

Dated  New-York.  187     . 

Official  Arbitrator  of  tin  ( ourt  of  Arbitration 

of  the  ( '/in mix  r  of  Com  mi  ret  of  the 
State  of  Ni  w-  York. 

i    Additional 
irbitrators. 


25 

[Form  No.  5.] 

COURT  OF  ARBITRATION 

OF   THE 

CHAMBER  OF  COMMERCE  OF  THE  STATE  OF  NEW-YORK. 


against  \  Order. 


Present, — Hon.  Enoch  L.  Fanchee,  Arbitrator. 

This  matter  having  been  duly  heard  and  determined, 
pursuant  to  the  provisions  of  Chap.  495  of  the  Laws  of 
1875,  and  the  award  and  decision  having  been  made  and 
filed  with  the  Arbitration  Clerk,  as  required  by  law ; 
by  which  award  it  was  determined 

Now,  for  the  purpose  of  carrying  out  and  enforcing  the 
said  decision  and  award,  and  at  the  request  of  said  plaintiffs, 

It  is  ordered,  that  the  parties  herein  stand  to,  abide  by 
and  perform  the  said  decision  and  award,  and  that  the  said 

do  fulfil  the  same. 

And  that  the  Clerk  of  the  County  of  New- York,  upon 
being  paid  his  fees  therefor,  do  file  and  enter  this  order  in 
his  office,  and  that  the  said  have  judg- 

ment against  said  in  accordance  with  the 

terms  of  this  order,  which  judgment  has  the  same  force  and 
effect  as  a  judgment  of  the  Supreme  Court  of  similar  pur- 
port. 

Dated  New- York,  187    . 

• 

Official  Arbitrator  of  the  Court  of  Arbitration 
of  the  Chamber  of  Commerce  of  the 
State  of  New-  York. 


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